Appreciating the submissions of the two sides as is the stand of the learned senior counsel for the petitioner Mr. M.L.Sarin assisted by Mr. Anuj Raja, Advocate and Mr. SS Narula, Advocate that the proceedings under Section 125 Cr.P.C. are summary, quasi civil, quasi criminal in nature where stricter principles of law are not to be applied and more over are primarily aimed at preventing vagrancy and destituteness to the dependents. The provisions of maintenance to the dependents has been carved out by way of Section 125 Cr.P.C. In Chapter IX of Cr.P.C. which pertains to the grant of maintenance to the wife, children and parents where eventualities are prescribed for maintenance of wife unable to maintain herself, legitimate or illegitimate minor children, whether married or not, unable to maintain themselves, legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself and further for parents who are unable to maintain and under which provision the definition of “minor” and “wife” are well given in the explanation to it. Section 126 of the Cr.P.C. provides procedure of such proceedings and Section of the 127 Cr.P.C. deals with alteration of allowances on proof of a change in the circumstances and lastly Section of the 128 of the Cr.P.C. deals with the enforcement of such an order of maintenance. Thus, from this all it is sufficiently clear that for the purpose of maintenance under Section 125 Cr.P.C. sufficient provisions have been enshrined in the Code of Criminal
